The LSC has been sending out letters to many firms which submitted appeals in respect of failed tenders, informing them that the appeal has not even been considered as the LSC says they do not have a right of appeal.
This inflexible approach will probably rebound on the LSC as inevitably, firms are now considering whether they may have grounds for Judicial Review.
Bindmans may be able to assist firms in this regard. David Gilmore, of respected legal aid consultancy D G Legal, has been asked to co-ordinate firms which may be interested in taking this further. He is aware of 25 organisations with failed tenders/appeals and thinks eventually there may be 35-40 which may be interested in taking legal action.
There are no costs implications at this stage and no costs will be incurred up to the point of agreeing any terms of engagement with Bindmans.
Any firm potentially interested should send the following details to email@example.com
- Name of your firm
- Name of contact person and contact details
- Refusal letter/email
- The reason why the tender failed
Alternatively, you may wish to approach Bindmans direct.